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New Workplace Sexual Harassment Laws

21 March 2023

There have been changes to the Workplace Sexual Harassment laws from the 6 March 2023 where the new provisions expand protections to the Fair Work Act (cth) 2009 prohibiting and/or banning sexual harassment in connection with work including in the workplace.

The protections apply to:

  • Workers including employees, contractors, work experience students and volunteers
  • Future workers
  • People conducting a business or undertaking

An individual person or company can be liable for sexual harassment by an employee or agent in connection with work and also if they were involved in the employer’s contravention. Employers will need to prove they took all reasonable steps to prevent the sexual harassment.

The Fair Work Commission has additional powers on top of the existing ‘stop sexual harassment order’  powers and can deal with sexual harassment disputes by conciliation, mediation, making recommendations or expressing an opinion and/or by arbitration to resolve a dispute. 

Applications can now be made directly to the Fair Work Commission by a person, group of people, industrial association, or a union.

If you are seeking advice on how this affects your business or would like support ensuring your sexual harassment policies, procedures and training are up to date, please reach out to us on 1300 474 672 or email .

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